June 19, 2020 | New York Law Journal
Co-op and Condo Boards' Secret Litigation WeaponLawsuits from co-op and condominium unit owners opposing their boards' conduct have become commonplace. The legal battles often entail costly and protracted litigation over contested factual issues and can plunge a the community into civil war. Fortunately, boards in New York have a little known but widely effective alternative for defending their conduct while averting communal fratricide.
By Bruce A. Cholst and Devin W. Ness
9 minute read
June 22, 2018 | New York Law Journal
Giving Co-op and Condo Boards the Right to Grandfather Existing PrivilegesCo-op and condo boards are often obstructed from making policy changes to address shifting trends and needs within their building by longstanding residents who benefit from the existing rules and have come to rely upon them. One popular solution has been to “grandfather” existing accommodations for these residents, but this solution is not without its own problems. The authors suggest a solution to the dilemma.
By Bruce A. Cholst, Karol S. Robinson and Alexander Litt
2 minute read
June 27, 2017 | New York Law Journal
Refining Fining Techniques to Keep Condo Owners in LineBruce A. Cholst and Elliot J. Coz suggest ways for condominium boards to make their fining policies more enforceable and less vulnerable to legal attack. Adherence to the concepts and strategies enumerated herein will maximize the efficacy of fining as a rule enforcement remedy for any condominium board.
By Bruce A. Cholst and Elliot J. Coz
16 minute read
April 04, 2017 | New York Law Journal
Want to Put Up a Building in NY? Put Up Money to Cover Construction DefectsBruce A. Cholst and Deborah B. Koplovitz write: New York state offers purchasers of residential units in newly built or rehabilitated developments where construction is rife with material defects a wide array of legal remedies. However, these avenues of redress often lack practical viability because by the time money judgments are obtained, the offending builders and design professionals are insolvent, and therefore judgment proof.
By Bruce A. Cholst and Deborah B. Koplovitz
17 minute read
March 13, 2012 | New York Law Journal
Overcoming Limitations of Condo Boards in Dealing With Unruly ResidentsBruce A. Cholst and Mary L. Kosmark, partners at Rosen Livingston & Cholst, write that the concept of a forced buy back of residential units upon determination that the owner's occupancy is "objectionable" offers condo boards a potent option for addressing serious situations for which they are currently ill equipped.
By Bruce A. Cholst and Mary L. Kosmark
11 minute read
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